Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 2435 

Affiliate’s specific request for 

transmission service. 

(6) A Transmission Provider may 

share generation information necessary 

to perform generation dispatch with its 

Marketing and Energy Affiliate that does 

not include specific information about 

individual third party transmission 

transactions or potential transmission 

arrangements. 

(7) Neither a Transmission Provider 

nor an employee of a Transmission 

Provider is permitted to use anyone as 

a conduit for sharing information 

covered by the prohibitions of 

§§ 358.5(b)(1) and (2) with a Marketing 

or Energy Affiliate. A Transmission 

Provider may share information covered 

by §§ 358.5(b)(1) and (2) with employees 

permitted to be shared under 

§§ 358.4(a)(4), (5) and (6) provided that 

such employees do not act as a conduit 

to share such information with any 

Marketing or Energy Affiliates. 

(8) A Transmission Provider is 

permitted to share information 

necessary to maintain the operations of 

the transmission system with its Energy 

Affiliates. 

(c) Implementing tariffs. (1) A 

Transmission Provider must strictly 

enforce all tariff provisions relating to 

the sale or purchase of open access 

transmission service, if these tariff 

provisions do not permit the use of 

discretion. 

(2) A Transmission Provider must 

apply all tariff provisions relating to the 

sale or purchase of open access 

transmission service in a fair and 

impartial manner that treats all 

transmission customers in a nondiscriminatory manner, if these tariff 

provisions permit the use of discretion. 

(3) A Transmission Provider must 

process all similar requests for 

transmission in the same manner and 

within the same period of time. 

(4) (i) Electric Transmission Providers 

must maintain a written log, available 

for Commission audit, detailing the 

circumstances and manner in which 

they exercised their discretion under 

any terms of the tariff. The information 

contained in this log is to be posted on 

the OASIS or Internet website within 24 

hours of when a Transmission Provider 

exercises its discretion under any terms 

of the tariff. 

(ii) Natural gas Transmission 

Providers must maintain a written log of 

waivers that the natural gas 

Transmission Provider grants with 

respect to tariff provisions that provide 

for such discretionary waivers and 

provide the log to any person requesting 

it within 24 hours of the request. 

(5) The Transmission Provider may 

not, through its tariffs or otherwise, give 

preference to its Marketing or Energy 

Affiliate, over any other wholesale 

customer in matters relating to the sale 

or purchase of transmission service 

(including, but not limited to, issues of 

price, curtailments, scheduling, priority, 

ancillary services, or balancing). 

(d) Discounts. Any offer of a discount 

for any transmission service made by 

the Transmission Provider must be 

posted on the OASIS or Internet Web 

site contemporaneous with the time that 

the offer is contractually binding. The 

posting must include: the name of the 

customer involved in the discount and 

whether it is an affiliate or whether an 

affiliate is involved in the transaction, 

the rate offered; the maximum rate; the 

time period for which the discount 

would apply; the quantity of power or 

gas upon which the discount is based; 

the delivery points under the 

transaction; and any conditions or 

requirements applicable to the discount. 

The posting must remain on the OASIS 

or Internet Web site for 60 days from the 

date of posting. 

[FR Doc. E7–659 Filed 1–18–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs And Border 

Protection 

19 CFR Part 123 

Required Advance Electronic 

Presentation of Cargo Information for 

Truck Carriers: ACE Truck Manifest 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Notice. 

SUMMARY: Pursuant to section 343(a) of 

the Trade Act of 2002 and implementing 

regulations, truck carriers and other 

eligible parties are required to transmit 

advance electronic truck cargo 

information to the Bureau of Customs 

and Border Protection (CBP) through a 

CBP-approved electronic data 

interchange. In a previous notice, CBP 

designated the Automated Commercial 

Environment (ACE) Truck Manifest 

System as the approved interchange and 

announced that the requirement that 

advance electronic cargo information be 

transmitted through ACE would be 

phased in by groups of ports of entry. 

The previous notice identified the first 

group of ports where use of the ACE 

Truck Manifest System is mandated. 

This notice announces the second group 

of land border ports that will require 

truck carriers to file electronic manifests 

through the ACE Truck Manifest 

System. 

DATES: Trucks entering the United 

States through land border ports of entry 

in the states of California, Texas, and 

New Mexico will be required to transmit 

the advance information through the 

ACE Truck Manifest system effective 

April 19, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Swanson, via e-mail at 

james.d.swanson@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 343(a) of the Trade Act of 

2002, as amended (the Act; 19 U.S.C. 

2071 note), required that CBP 

promulgate regulations providing for the 

mandatory transmission of electronic 

cargo information by way of a CBPapproved electronic data interchange 

(EDI) system before the cargo is brought 

into or departs the United States by any 

mode of commercial transportation (sea, 

air, rail or truck). The cargo information 

required is that which is reasonably 

necessary to enable high-risk shipments 

to be identified for purposes of ensuring 

cargo safety and security and preventing 

smuggling pursuant to the laws enforced 

and administered by CBP. 

On December 5, 2003, CBP published 

in the Federal Register (68 FR 68140) a 

final rule to effectuate the provisions of 

the Act. In particular, a new § 123.92 (19 

CFR 123.92) was added to the 

regulations to implement the inbound 

truck cargo provisions. Section 123.92 

describes the general requirement that, 

in the case of any inbound truck 

required to report its arrival under 

§ 123.1(b), if the truck will have 

commercial cargo aboard, CBP must 

electronically receive certain 

information regarding that cargo 

through a CBP-approved EDI system no 

later than 1 hour prior to the carrier’s 

reaching the first port of arrival in the 

United States. For truck carriers arriving 

with shipments qualified for clearance 

under the FAST (Free and Secure Trade) 

program, § 123.92 provides that CBP 

must electronically receive such cargo 

information through the CBP-approved 

EDI system no later than 30 minutes 

prior to the carrier’s reaching the first 

port of arrival in the United States. 

ACE Truck Manifest Test 

On September 13, 2004, CBP 

published a notice in the Federal 

Register (69 FR 55167) announcing a 

test allowing participating Truck Carrier 

Accounts to transmit electronic manifest 

data for inbound cargo through ACE, 

with any such transmissions 

automatically complying with advance 


frosa on PROD1PC71 with RULES
2436 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Rules and Regulations 

cargo information requirements as 

provided in section 343(a) of the Trade 

Act of 2002. Truck Carrier Accounts 

participating in the test were given the 

ability to electronically transmit the 

truck manifest data and obtain release of 

their cargo, crew, conveyances, and 

equipment via the ACE Portal or 

electronic data interchange messaging. 

A series of notices announced 

additional deployments of the test, with 

deployment sites being phased in as 

clusters. Clusters were announced in the 

following notices published in the 

Federal Register: 70 FR 30964 (May 31, 

2005); 70 FR 43892 (July 29, 2005); 70 

FR 60096 (October 14, 2005); 71 FR 

3875 (January 24, 2006); 71 FR 23941 

(April 25, 2006); 71 FR 42103 (July 25, 

2006); and 71 FR 77404 (December 26, 

2006). 

CBP continues to test ACE at various 

ports. CBP will continue, as necessary, 

to announce in subsequent notices in 

the Federal Register the deployment of 

the ACE truck manifest system test at 

additional ports. 

Designation of ACE Truck Manifest 

System as the Approved Data 

Interchange System 

In a notice published October 27, 

2006, (71 FR 62922), CBP designated the 

Automated Commercial Environment 

(ACE) Truck Manifest System as the 

approved EDI for the transmission of 

required data and announced that the 

requirement that advance electronic 

cargo information be transmitted 

through ACE would be phased in by 

groups of ports of entry. 

ACE will be phased in as the required 

transmission system at some ports even 

while it is still being tested at other 

ports. However, the use of ACE to 

transmit advance electronic truck cargo 

information will not be required in any 

port in which CBP has not first 

conducted the test. 

The October 27, 2006, document 

identified all land border ports in the 

states of Washington and Arizona and 

the ports of Pembina, Neche, Walhalla, 

Maida, Hannah, Sarles, and Hansboro in 

North Dakota as the first group of ports 

where use of the ACE Truck Manifest 

System is mandated. 

ACE Mandated at Ports of Entry in 

California, Texas and New Mexico 

Applicable regulations (19 CFR 

123.92(e)) require CBP, 90 days prior to 

mandating advance electronic 

information at a port of entry, to publish 

notice in the Federal Register informing 

affected carriers that the EDI system is 

in place and fully operational. 

Accordingly, CBP is announcing in this 

document that, effective 90 days from 

the date of publication of this notice, 

truck carriers entering the United States 

at any land border port of entry in the 

states of California, Texas, and New 

Mexico will be required to present 

advance electronic cargo information 

regarding truck cargo through the ACE 

Truck Manifest System. 

Although other systems that have 

been deemed acceptable by CBP for 

transmitting advance truck manifest 

data will continue to operate and may 

still be used in the normal course of 

business for purposes other than 

transmitting advance truck manifest 

data, use of systems other than ACE will 

no longer satisfy advance electronic 

cargo information requirements at a port 

of entry in California, Texas and New 

Mexico as of April 19, 2007. 

Compliance Sequence 

CBP will be publishing subsequent 

notices in the Federal Register as it 

phases in the requirement that truck 

carriers utilize the ACE system to 

present advance electronic truck cargo 

information at other ports. ACE will be 

phased in as the mandatory EDI system 

at the ports identified below in the 

sequential order in which they are 

listed. The sequential order provided 

below is somewhat different from that 

announced in the October 27, 2006, 

notice. Although further changes to this 

order are not currently anticipated, CBP 

will state in future notices if changes do 

occur. In any event, as mandatory ACE 

is phased in at these remaining ports, 

CBP will always provide 90 days’ notice 

through publication in the Federal 

Register prior to requiring the use of 

ACE for the transmission of advance 

electronic truck cargo information at a 

particular group of ports. 

The remaining ports at which the 

mandatory use of ACE will be phased 

in, listed in sequential order, are as 

follows: 

1. All ports of entry in the state of 

New York and Michigan. 

2. All ports of entry in the states of 

Vermont, New Hampshire, and Maine. 

3. All ports of entry in the states of 

Idaho and Montana. 

4. The remaining ports of entry in the 

state of North Dakota and the land 

border port of Minnesota. 

5. All ports of entry in the state of 

Alaska. 

Dated: January 16, 2007. 

Deborah J. Spero, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. E7–762 Filed 1–18–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 800 

[Docket No. 2003N–0056 (formerly 03N–

0056)] 

Medical Devices; Patient Examination 

and Surgeons’ Gloves; Test 

Procedures and Acceptance Criteria; 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final regulation that appeared in the 

Federal Register of December 19, 2006 

(71 FR 75865). The document issued a 

final regulation that improves the 

barrier quality of medical gloves 

marketed in the United States (U.S.). 

The rule will accomplish this by 

reducing the current acceptable quality 

levels (AQLs) for leaks and visual 

defects observed during FDA testing of 

medical gloves. By reducing the AQLs 

for medical gloves, FDA will also 

harmonize its AQLs with consensus 

standards developed by the 

International Organization for 

Standardization (ISO) and ASTM 

International (ASTM). The document 

was published with some errors in the 

use of references. This document 

corrects those errors. 

DATES: This correction is effective on 

January 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Casper E. Uldriks, Office of Compliance, 

Center for Devices and Radiological 

Health (HFZ–300), Food and Drug 

Administration, 2094 Gaither Rd., 

Rockville, MD 20850, 240–276–0100. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E6–21591, appearing on page 75865 in 

the Federal Register of Tuesday, 

December 19, 2006, the following 

corrections are made to the 

SUPPLEMENTARY INFORMATION. 

1. On page 75868, in the second 

column, section III of the document is 

corrected to read: 

‘‘III. Analysis of Impacts 

A. Introduction 

FDA has examined the final rule 

under Executive Order 12866 and the 

Regulatory Flexibility Act (5 U.S.C. 

601–612), and the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4). 

Executive Order 12866 directs agencies 

to assess all costs and benefits of 

available regulatory alternatives and, 


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